Mezuzah: Difference between revisions
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#The questions to clarify for whether a closet is obligated in a mezuzah and as to which side the mezuzah is placed depends on the following: | #The questions to clarify for whether a closet is obligated in a mezuzah and as to which side the mezuzah is placed depends on the following: | ||
##If a closet is 4x4 amot it is certainly obligated in a mezuzah | ##If a closet is 4x4 amot it is certainly obligated in a mezuzah<ref>Shulchan Aruch Y.D.286:2 obligates a storage area in mezuzah if it is 4x4 amot.</ref> going into the closet.<ref> Once the closet is obligated in mezuzah which way should the mezuzah be? Should it be on the right side since it is a dead end or should it have a mezuzah on the left side since the room is used more than the closet? Most poskim hold that the mezuzah should be placed on the right side going into a closet if the closet is obligated in mezuzah. | ||
*Background: The Maharil (responsa 94) holds that the mezuzah is placed on the right side going to an enclosed courtyard since the courtyard is closed and the only way to enter it is from the house so the entrance is from the house to the courtyard. The Bet Meir 289 argues since the house is used more than the closet. The Chavot Daat cited by the Bet Meir agrees with Bet Meir but doesn’t feel he is entitled to disagree with the Maharil. Our case is analogous to that of the Maharil. | |||
*Majority of achronim accept the Maharil. Taz 289:3, Maharam Shik 287, Maharsham 1:71 and 3:154, Chelkat Yakov YD 162, Yeshuot Malko (Mezuzah 6:1), Igrot Moshe YD 1:181, Or Letzion YD 1:14, and Yabia Omer YD 4:23:6 agree with Maharil in this case. Binyan Tzion (cited by Chelkat Yakov) and Chazon Ish YD 168:5 agree with Bet Meir. | *Majority of achronim accept the Maharil. Taz 289:3, Maharam Shik 287, Maharsham 1:71 and 3:154, Chelkat Yakov YD 162, Yeshuot Malko (Mezuzah 6:1), Igrot Moshe YD 1:181, Or Letzion YD 1:14, and Yabia Omer YD 4:23:6 agree with Maharil in this case. Binyan Tzion (cited by Chelkat Yakov) and Chazon Ish YD 168:5 agree with Bet Meir. | ||
*Or Letzion YD 1:14 write that the opinion of the Maharil depends on the dispute between the Rambam and Rosh. According to the Rambam that a bet shaar is obligated because of the house that it is attached to the mezuzah should be on the left side and according to the Rosh the rabbinic obligation is for the bet shaar itself and accordingly the mezuzah should be on the right. Or Letzion concludes to place the mezuzah on the right because either we follow the Rosh or the Chikrei Lev. Yeshuot Malko (Mezuzah 6:1) advances the same argument. However, both Or Letzion and Yeshuot Malko conclude that we accept the Maharil. Igrot Moshe YD 1:181 rejects the entire question and explains that the Rambam would hold that the bet shaar is obligated in it of itself once it is attached to a place that is used for living. He accepts the Maharil. Our summary is that most accept the Maharil in this case and would hold to put up the mezuzah on the right side. Rav Heinemann in Guide to Halachos p. 105 writes that a walk-in closet that has 50ft sq area should have a mezuzah on the right post going in.</ref> | *Or Letzion YD 1:14 write that the opinion of the Maharil depends on the dispute between the Rambam and Rosh. According to the Rambam that a bet shaar is obligated because of the house that it is attached to the mezuzah should be on the left side and according to the Rosh the rabbinic obligation is for the bet shaar itself and accordingly the mezuzah should be on the right. Or Letzion concludes to place the mezuzah on the right because either we follow the Rosh or the Chikrei Lev. Yeshuot Malko (Mezuzah 6:1) advances the same argument. However, both Or Letzion and Yeshuot Malko conclude that we accept the Maharil. Igrot Moshe YD 1:181 rejects the entire question and explains that the Rambam would hold that the bet shaar is obligated in it of itself once it is attached to a place that is used for living. He accepts the Maharil. Our summary is that most accept the Maharil in this case and would hold to put up the mezuzah on the right side. Rav Heinemann in Guide to Halachos p. 105 writes that a walk-in closet that has 50ft sq area should have a mezuzah on the right post going in.</ref> | ||
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* However, Mikdash Me’at 286:39 strongly disagrees with the Chamudei Doniel. Yabia Omer 4:23:4-5 quotes Rav Shlomo Kluger (Kinat Sofrim 118), Teshuvot Lshoel 16, and Rav Chaim Zonenfeld in Salmat Chaim YD 105 disagreed with the Chamudei Doniel, while the Maharsham 3:154 agreed with the Chamudei Doniel. He concludes that the primary halacha is that the room is exempt. Shevet Halevi 2:152 and Agur Bohalecha 18:28 rule against the Chamudei Doniel. | * However, Mikdash Me’at 286:39 strongly disagrees with the Chamudei Doniel. Yabia Omer 4:23:4-5 quotes Rav Shlomo Kluger (Kinat Sofrim 118), Teshuvot Lshoel 16, and Rav Chaim Zonenfeld in Salmat Chaim YD 105 disagreed with the Chamudei Doniel, while the Maharsham 3:154 agreed with the Chamudei Doniel. He concludes that the primary halacha is that the room is exempt. Shevet Halevi 2:152 and Agur Bohalecha 18:28 rule against the Chamudei Doniel. | ||
* Orchot Rabbenu v. 3 p. 165 quotes the Chazon Ish as holding that we do not hold like the Chamudei Doniel. See Agur Bohalecha who discusses this further but generally agrees that the Chazon Ish disregarded the Chamudei Doniel. [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Simon in an article on mezuzot] agrees.</ref> | * Orchot Rabbenu v. 3 p. 165 quotes the Chazon Ish as holding that we do not hold like the Chamudei Doniel. See Agur Bohalecha who discusses this further but generally agrees that the Chazon Ish disregarded the Chamudei Doniel. [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Simon in an article on mezuzot] agrees.</ref> | ||
##Most poskim hold that an area that has 16 square amot, even if it doesn't have 4x4 amot in any one place, is obligated in a mezuzah | ##Most poskim hold that an area that has 16 square amot, even if it doesn't have 4x4 amot in any one place, is obligated in a mezuzah<ref>The Rambam (Mezuzah 6:2) holds that an area that is 2x8 amot is obligated in a mezuzah as would any area that is larger than 16 square amot. The Rosh (Mezuzah no. 16) disagrees and holds that unless it is 4x4 amot square it isn’t obligated. Rashba (responsa 5:110) agrees. Shulchan Aruch Y.D. 286:13 holds like the Rambam. Levush 286:13 agrees. The Shach 286:23 holds that it is obligated but the mezuzah should be put up without a bracha. Chayei Adam 15:6, Aruch Hashulchan YD 286:21, and Yalkut Yosef 285:24 agree. Rav Wosner (Kovetz Mbet Levi p. 129) agrees. Eliya Rabba 366:5 also seems to agree with the Shach. | ||
*However, the Taz OC 634:1 argues that everyone holds it is exempt. Shulchan Aruch Harav OC 366:5, Chazon Ish OC 110:28, YD 169:5, Rav Nissim Karelitz in Chut Shani (Mezuzah p. 82), Steipler (Orchot Rabbenu v. 4 p. 239), Rav Yitzchak Abadi in Or Yitzchak 2:52, and [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Baruch Simon] accept the Taz. Mishna Brurah 366:22 cites the dispute and in Shaar Hatziyun 366:13 he favors the opinion of the Taz. | *However, the Taz OC 634:1 argues that everyone holds it is exempt. Shulchan Aruch Harav OC 366:5, Chazon Ish OC 110:28, YD 169:5, Rav Nissim Karelitz in Chut Shani (Mezuzah p. 82), Steipler (Orchot Rabbenu v. 4 p. 239), Rav Yitzchak Abadi in Or Yitzchak 2:52, and [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Baruch Simon] accept the Taz. Mishna Brurah 366:22 cites the dispute and in Shaar Hatziyun 366:13 he favors the opinion of the Taz. | ||
* Chatom Sofer YD 280 and Maamar Mordechai 634:2 defend the Shulchan Aruch against the Taz. Gra 286:13 understands the Rambam like the Rosh but holds like the Rosh. Maharalbach 110 rules like the Rambam. Magen Avraham 366:6 assumes like the Shulchan Aruch, while Magen Avraham 398:6 assumes like the Taz. Additionally, according to the Chamudei Doniel obviously an area that is 2x8 is obligated if it is usable since according to his opinion if it is usable it is obligated even if it is less than 4x4. | * Chatom Sofer YD 280 and Maamar Mordechai 634:2 defend the Shulchan Aruch against the Taz. Gra 286:13 understands the Rambam like the Rosh but holds like the Rosh. Maharalbach 110 rules like the Rambam. Magen Avraham 366:6 assumes like the Shulchan Aruch, while Magen Avraham 398:6 assumes like the Taz. Additionally, according to the Chamudei Doniel obviously an area that is 2x8 is obligated if it is usable since according to his opinion if it is usable it is obligated even if it is less than 4x4.</ref> going into the closet without a bracha.<ref> In light of the Rabbi Akiva Eiger the closet should have a mezuzah on the right going out of the closet, but since according to the Rambam this closet needs a mezuzah going into the closet and the Chamudei Doniel would also have the mezuzah placed going in, many poskim hold that the mezuzah is placed going into the closet. This is the opinion of Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), Teshuvot Vehanhagot 1:653, and Agur Bohalecha 19:7.</ref> It doesn't matter what shape it is in as long as it is usable.<ref>Rishon Letzion Sukkah 3a and 8a writes that obviously even for the Rambam it has to be usable. Therefore, a 1x16 amot house isn't obligated in a mezuzah since it is unusable, however, a 2x8 house is obligated. He also has a nuance that for a rectangle we calculate total area, but for a circle or other shapes we have to inscribe a rectangle inside that shape and use the area of that rectangle. However, the other poskim quoted in the previous footnote in understanding the Rambam did not make such a distinction.</ref> | ||
##A walk-in closet that is not 4x4 amot and doesn't even have the area of 4x4 amot, according to many poskim it is completely exempt from a mezuzah. However, many poskim are strict to place a mezuzah going out from the closet into the room that itself is obligated in a mezuzah.<ref>Rabbi Akiva Eiger 286:13 writes that since the area is exempt from a mezuzah it can still be considered an entrance into the room. Shiltei Giborim (Hilchot Mezuzah 6b) cites the Riaz who holds of the same concept. The Chazon Ish YD 168:5 and 169:2 agrees and adds that accordingly the mezuzah should be placed on the left side, which is the right side going from the exempt area into the room. Rav Shlomo Zalman Auerbach (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), Rav Wosner (Shevet Halevi 2:152, 2:156:286:13), Rav Elyashiv (Kovetz Teshuvot 2:6:3), Rav Shternbuch (Teshuvot Vehanhagot 1:653), [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 34-42)], Rav Aharon Lichtenstein (cited by [https://www.koltorah.org/halachah/do-walk-in-closets-and-porches-require-a-mezuzah-by-rabbi-chaim-jachter Rabbi Jachter]), Binyan Tzion 99, and Rav Heinemann (Star-K Kashrut Kurrents Winter 5779 p. 2; Guide to Halachos p. 101) agree. | |||
##A walk-in closet that is not 4x4 amot and doesn't even have the area of 4x4 amot, according to many poskim it is completely exempt from a mezuzah. However, many poskim are strict to place a mezuzah going out from the closet into the room that itself is obligated in a mezuzah.<ref>Rabbi Akiva Eiger 286:13 writes that since the area is exempt from a mezuzah it can still be considered an entrance into the room. Shiltei Giborim (Hilchot Mezuzah 6b) cites the Riaz who holds of the same concept. The Chazon Ish YD 168:5 and 169:2 agrees and adds that accordingly the mezuzah should be placed on the left side going from the exempt area into the room. Rav Shlomo Zalman Auerbach (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19), Rav Wosner (Shevet Halevi 2:152, 2:156:286:13), Rav Elyashiv (Kovetz Teshuvot 2:6:3), Rav Shternbuch (Teshuvot Vehanhagot 1:653), [http://www.yutorah.org/sidebar/lecture.cfm/788640/rabbi-hershel-schachter/the-laws-of-mezuzah/ Rav Hershel Schachter in “The Laws of Mezuzah” (min 34-42)], Rav Aharon Lichtenstein (cited by [https://www.koltorah.org/halachah/do-walk-in-closets-and-porches-require-a-mezuzah-by-rabbi-chaim-jachter Rabbi Jachter]), Binyan Tzion 99, and Rav Heinemann (Star-K Kashrut Kurrents Winter 5779 p. 2; Guide to Halachos p. 101) agree. | |||
*However, the Chikrei Lev YD 129 argues that since the area is exempt in it of itself it is never considered an entrance just because you can enter it and then while exiting it enter into another room. That is considered an exit and not entering. Or Letzion YD 1:14 isn’t certain if the Chikrei Lev is correct but he certainly considers his opinion significant. Yabia Omer 4:23:6 is also uncertain of Rabbi Akiva Eiger and cites Tzur Yakov and Tarshish Shoham quoting Lechem Hapanim who disagree with Rabbi Akiva Eiger. Igrot Moshe YD 1:181, Agur Bohalecha 19:6, [https://www.hebrewbooks.org/pdfpager.aspx?req=123&st=&pgnum=235 Chesed Lavraham YD 91], Yalkut Yosef 286:21, and [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Baruch Simon] all agree with Chikrei Lev and reject Rabbi Akiva Eiger. Therefore, strictly speaking the closet is exempt from a mezuzah. | *However, the Chikrei Lev YD 129 argues that since the area is exempt in it of itself it is never considered an entrance just because you can enter it and then while exiting it enter into another room. That is considered an exit and not entering. Or Letzion YD 1:14 isn’t certain if the Chikrei Lev is correct but he certainly considers his opinion significant. Yabia Omer 4:23:6 is also uncertain of Rabbi Akiva Eiger and cites Tzur Yakov and Tarshish Shoham quoting Lechem Hapanim who disagree with Rabbi Akiva Eiger. Igrot Moshe YD 1:181, Agur Bohalecha 19:6, [https://www.hebrewbooks.org/pdfpager.aspx?req=123&st=&pgnum=235 Chesed Lavraham YD 91], Yalkut Yosef 286:21, and [http://www.yutorah.org/sidebar/lecture.cfm/839765/rabbi-baruch-simon/%D7%91%D7%A2%D7%A0%D7%99%D7%9F-%D7%9E%D7%A7%D7%95%D7%9D-%D7%A7%D7%91%D7%99%D7%A2%D7%AA-%D7%94%D7%9E%D7%96%D7%95%D7%96%D7%94/ Rabbi Baruch Simon] all agree with Chikrei Lev and reject Rabbi Akiva Eiger. Therefore, strictly speaking the closet is exempt from a mezuzah. | ||
* Orchot Rabbenu v. 3 p. 165 quotes the Steipler ruled like the Rabbi Akiva Eiger. Shevet Halevi 2:152 understands that the Bet Meir 289 agrees with Rabbi Akiva Eiger. | * Orchot Rabbenu v. 3 p. 165 quotes the Steipler ruled like the Rabbi Akiva Eiger. Shevet Halevi 2:152 understands that the Bet Meir 289 agrees with Rabbi Akiva Eiger. | ||
* There is a possibility that the mezuzah should be placed from the big room into the small room. That is an idea Sfat Emet YD 289 suggested and Agur Bohalecha 19:6 in fact posits is the opinion of Rabbi Akiva Eiger. In practice, he agrees with the Chazon Ish to put the mezuzah going into the big room.</ref> Either way, the mezuzah is put up without a bracha.<ref>Agur Bohalecha 19:6 and Teshuvot Vehanahgot 1:653 unlike Shevet Halevi 2:152 who writes that one can recite a bracha following Rabbi Akiva Eiger.</ref> | * There is a possibility that the mezuzah should be placed from the big room into the small room. That is an idea Sfat Emet YD 289 suggested and Agur Bohalecha 19:6 in fact posits is the opinion of Rabbi Akiva Eiger. In practice, he agrees with the Chazon Ish to put the mezuzah going into the big room.</ref> Either way, the mezuzah is put up without a bracha.<ref>Agur Bohalecha 19:6 and Teshuvot Vehanahgot 1:653 unlike Shevet Halevi 2:152 who writes that one can recite a bracha following Rabbi Akiva Eiger.</ref> | ||
#A closet that is less than 4x4 amot according to Ashkenazim the closet is primarily exempt from mezuzah and as such the mezuzah is placed on the right side coming out of the closet.<ref>Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19)</ref> However, according to Sephardim the mezuzah is placed on the right side going into the closet since the closet might be obligated and even if it isn’t it might require a mezuzah on the right side.<ref>Or Letzion YD 1:14, Yabia Omer 4:23:6</ref> | #A closet that is less than 4x4 amot according to Ashkenazim the closet is primarily exempt from mezuzah and as such the mezuzah is placed on the right side coming out of the closet.<ref>Rav Shlomo Zalman (cited by Hamezuzah Vehilchoteha ch. 3 fnt. 19)</ref> However, according to Sephardim the mezuzah is placed on the right side going into the closet since the closet might be obligated and even if it isn’t it might require a mezuzah on the right side.<ref>Or Letzion YD 1:14, Yabia Omer 4:23:6</ref> | ||
# A closet that you do not walk into is exempt from a mezuzah.<ref>Shaarei Hamezuzah 10:16, Agur Bohalecha 19:10, Mezuzah Vehilchoteha 3:8</ref> | # A closet that you do not walk into is exempt from a mezuzah.<ref>Shaarei Hamezuzah 10:16, Agur Bohalecha 19:10, Mezuzah Vehilchoteha 3:8</ref> | ||
